A comprehensive insurance for the car is in an alcohol-related accident is not a license to replace the damage to your own vehicle. In case of gross negligence, the insurance benefits to their policyholders, taking into account the gravity reduce the debt (§ 81 para 2 of the Insurance Contracts Act). The Higher Regional Court Hamm deals in a decision of 25.08.2010 - 20 U 74/10, NJW 2011, 85 ff) the question may be reduced by how much the services. In summary, the Senate is out of the following:
case of absolute incapacity (1.1 ° / oo) is always given gross negligence. It is for the policyholder to prove that there is a serious possibility of causing damage other than alcohol.
With relative incapacity (which may start at 0.3 ° / oo) must be available alcohol typical mistake or Ausfallerscheingungen. This relative incapacity to prove the insurer. Since the relative incapacity is not a milder form of impaired ability to drive towards the absolute incapacity, is also here where gross negligence.
The reduction of the insurance coverage must take into account the seriousness of the misconduct of the insured and therefore entirely on the individual case to be made (flexible Rate model). However, the Senate adopted in absolute incapacity to rule, a power reduction of 100%.
75% reduction in benefits assume that the fault borders the area of serious gross negligence.
75% reduction in benefits assume that the fault borders the area of serious gross negligence.
For the entry level of 0.3 per thousand in the presence of a crime he lays the basis for a reduction of 50%, which are then further differentiated needs, depending on the circumstances and particularities of each case.
gradations into the power cuts up or down can be applied in increments of 10%.
Sun punishment appropriate place that is a graduation of the reduction in benefits must, however difficult it will be to assess whether the evaluation, with carrying out the insurance, a reduction in benefits, is correct. This is considerable potential for disputes and litigation are inevitable. (Copyright ago)
gradations into the power cuts up or down can be applied in increments of 10%.
Sun punishment appropriate place that is a graduation of the reduction in benefits must, however difficult it will be to assess whether the evaluation, with carrying out the insurance, a reduction in benefits, is correct. This is considerable potential for disputes and litigation are inevitable. (Copyright ago)
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